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' r <br /> • <br /> 6. A verification,by declaration under penalty of perjury,made by the <br /> owner/appellant as to the truth of the matters stated in the appeal. <br /> C. Stay of Denial/Revocation Pending Appeal. A Quick Service Probationary License denial <br /> or revocation will be stayed and will not become effective upon the filing of a timely appeal and <br /> will remain stayed during the pendency of the appeal. The stay shall be lifted ten days after the <br /> appeal is denied or on the day a pending appeal is dismissed,whichever is sooner. In addition, <br /> the City may seek to have the stay lifted if an additional violation of the dress requirement occurs <br /> during the pendency of the appeal. The City shall make this request by filing a motion before the <br /> hearing examiner identifying the specifics of the new violation. The City's request shall be <br /> granted upon a finding by the hearing examiner that another violation of the Dress Requirement <br /> has occurred. <br /> D. Waiver if No Appeal Filed. The failure to file a timely and complete Notice of Appeal <br /> constitutes a waiver of all rights to an appeal under this Ordinance. <br /> Section 6. Expressive Activity. <br /> If any employee of a Quick Service Facility engages in expressive activities at the Quick Service <br /> Facility while out of compliance with the dress requirement, such activities shall be considered <br /> "adult entertainment" as that term is defined in EMC 5.120.020(A), and the owner and employee <br /> must comply with all requirements of chapter 5.120 EMC, subject to the exceptions found in EMC <br /> 5.120.090. <br /> Section 7. Codification. <br /> Sections 1-6 of this Ordinance shall be codified in Title 5 EMC as a new Chapter entitled Quick <br /> Service Facility- Dress Requirement and shall be considered a special license for purposes of <br /> Title 5, EMC. <br /> Section 8. Severability. <br /> Should any section,subsection,paragraph, sentence, clause,phrase, or portion of this Ordinance <br /> or its'application to any person or situation,be declared unconstitutional,invalid for any reason, <br /> or preempted by state or federal law or regulations,such decision shall not affect the validity of <br /> the remaining portions of this Ordinance or its application to any other persons or situations. <br /> The City Council hereby declares that it would have adopted this Ordinance and each section, <br /> subsection,paragraph,sentence, clause,phrase, or portion thereof irrespective of the fact that <br /> any one or more sections,subsections,paragraphs, sentences, clauses,phrases, or portions be <br /> declared unconstitutional,invalid, or preempted. <br /> Section 9. General Duty. <br /> It is expressly the purpose of this Ordinance to provide for and promote the health, safety,and <br /> welfare of the general public and not to create or otherwise establish or designate any particular <br /> class or group of persons who will or should be especially protected or benefited by the terms of <br /> this Ordinance. It is the specific intent of this Ordinance that no provision or any term used in <br /> this Ordinance is intended to impose any duty whatsoever upon the City or any of its officers or <br /> employees. Nothing contained in this Ordinance is intended nor shall be construed to create or <br /> 147 <br />